Criminal Lawyer Blog

Allot more resources to bail courts in Ontario

I recently read the article about Marian Andrzejewski in the National Post. This article is illustrative of many shortcomings in our judicial system.

One which is far too common: delays in obtaining bail.

As all persons accused of a crime in Canada are presumed innocent,
the Charter of Rights guarantees all people the right to reasonable
bail.

It is unconscionable that Mr. Andrzejewski spent 75 days in custody
prior to obtaining his release. Pre-trial release is so fundamental to
our law that it actually requires that all accused people be taken to
bail court within 24-hours of being charged.

I am not suggesting that this man wasn’t taken to bail court within
24 hours; I’m simply saying that something went wrong in that he had to
spend 75 days in custody prior to being released. Hopefully, the police
investigation will discover what happened and the mistake will not be
repeated.

Cases like these reflect very poorly on our justice system and those
involved in it. While this man may want to pursue a civil action for the
75 days he spent in custody, most people acquitted after trial don’t or
can’t. Indeed, many accused people lose years of their lives in
pre-trial detention and even if acquitted later, have no recourse for
their pre-trial detention. That is why it is so imperative that people
who are eligible for bail obtain their release as soon as possible.

Part of the solution is to allot more resources to the bail courts in
our province. Regrettably, it is not uncommon for an accused to wait
many days to just get court time for a bail hearing.

Another piece of the puzzle is to have more attention paid by all
stakeholders in criminal cases to the bail/intake process of a case.
Hopefully in the future, those who are eligible for bail will not have
to wait for what should be immediate.